#23-CM-0088, State of San Andreas v. Wolfgang Bathsheba

[Haylee Star]

Defendant Name: Wolfgang Bathsheba
Defendant Phone: 572-1219
Defendant Address: 67 and 68 Route 68
(( Defendant Discord: JellyFaun#9141))
Requested Attorney: N/A if none N/A

Charging Department: Los Santos Police Department

Date & Time of Incident(s): 10/JUL/2023 09:00 AM
Charge(s):

• GM10 Failure to comply
• VF01 Evading a police officer

Narrative:
I Haylee Star, Junior Defense Attorney with the Judicial Branch will be writing the narrative for the defendant as he has difficulty reading and writing. I will write word for word what the defendant says.

I drive and I drive and I drive, They boxed me in and couldn't go anywhere, so I had to stop, I got out, and tried to run, and tased me. But it made me go GRRRRRR, and they said don't you go GRRRRRRR. So i kept going GRRRR, then they handcuffed and had guns pointed at me, I said don't take my head off, I don't take your head off, and then they took my head off.

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I, Wolfgang Bathsheba, hereby affirm that all information provided above is true and correct to the best of my knowledge, and understand that knowingly providing false information could result in additional charges and/or fines. (( I affirm that all information submitted has been obtained via In-Character means. ))

[Hope Kant]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTIFICATION OF COUNSEL

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba

A Notification of Counsel was filed in the above case on 11/JUL/2023.

I, Hope Kant, a Prosecuting Attorney with the San Andreas Judicial Branch, will be representing the State of San Andreas in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.



Senior Prosecuting Attorney
Director of Public Notary
San Andreas Judicial Branch
(909) 321-2132 — [email protected]

[Haylee Star]

San Andreas Judicial Branch
Personal Email
"EQUAL JUSTICE UNDER LAW"

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• TO WHOM IS MAY CONCERN,
  
  
  We the Defense would like to specify that the defendant is only contesting the ''GM10- FAILURE TO COMPLY'' charge and not the ''VF01 EVADING AN OFFICER'' as they originally stated in their criminal case submission form.
  
  
  
  Respectfully,
  
  HAYLEE STAR
  JUNIOR DEFENSE ATTORNEY
  San Andreas Judicial Branch
  (909) 390-1560 — [email protected]

[Haylee Star]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTIFICATION OF COUNSEL

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba

A Notification of Counsel was filed in the above case on the 11 of July, 2023.

I, Haylee Star, a Public Defense Attorney with the San Andreas Judicial Branch, will be representing the Defendant, Wolfgang Bathsheba in the underlying case.

I will be taking the responsibility of Co-Counsel and will await further instruction from the Presiding Judge.


Haylee Star
Junior Defense Attorney
San Andreas Judicial Branch
(909) 390-1560 — [email protected]

[Shaun Harper]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTIFICATION OF COUNSEL

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba

A Notification of Counsel was filed in the above case on the 11 of July, 2023.

I, Shaun Harper, Chief Public Defender with the San Andreas Judicial Branch, will be representing the Defendant, Wolfgang Bathsheba in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.


Chief Public Defender
San Andreas Judicial Branch
(909) 308-7889 — [email protected]

[Judith Mason]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTICE OF RECEIPT

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba

The court has hereby received and acknowledged the above case on the 13th day of July, 2023.

The Superior Court of San Andreas has received your filing and the case is now pending activation. Be advised that the court system runs on a first-come, first-served basis and will only activate cases out of order for special circumstances.

During this time, the defendant is encouraged to reach out to a licensed defense attorney in order to prepare a proper defense, otherwise, a court-appointed attorney will be assigned to the case upon its activation.

The defendant is further encouraged to speak with an authorized individual at Rockford Hills City Hall, Mission Row Police Station, or Paleto Bay Sheriff's Office for official clarification on the specific charges received and their respective date and times, as once the case has been activated, any omitted charges will be considered abandoned and unable to be disputed within this case.



Chief Justice
San Andreas Judicial Branch
(909) 257-9183 — [email protected]

[Colt Daniels]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTICE OF ACTIVATION

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#23-CM-0088

A Notice of Activation was entered in the above case on 9th of September, 2023.

The case of the State of San Andreas v. Wolfgang Bathsheba is hereby activated by this Court under #23-CM-0088.

Both the State and Defendant have adequate representation in the case, as such, immediately following this notice, the Presiding Judge will be filing the Order for Discovery.

In accordance with guidelines set forth by the Supreme Court of San Andreas, this case shall operate under the docket trial format, and once the Notice of Trial has been issued, all arguments and evidence examination shall take place on the public docket.



Associate Justice
San Andreas Judicial Branch
(909) 402-9713 — [email protected]

[Colt Daniels]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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ORDER FOR DISCOVERY

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#23-CM-0088

A court order was entered in the above case on 9th of September, 2023.

The case of #23-CM-0088, State of San Andreas v. Wolfgang Bathsheba is hereby opened and acknowledged by the Court.

The prosecution is hereby ordered to provide all evidence collected from the arresting Law Enforcement Agency and submit it to the Court via Motion for Discovery within seven days. If additional time is needed, the prosecution can file a Motion for Continuance.

Once evidence has been submitted to the official docket the defense can begin filing motions.




Associate Justice
San Andreas Judicial Branch
(909) 402-9713 — [email protected]

[Hope Kant]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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MOTION FOR DISCOVERY

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#23-CM-0088

A Motion for Discovery was filed in the above case on the 11th of September, 2023.

The State of San Andreas by and through the undersigned attorney, filed this Motion for Discovery, and presents the following as evidence;

• Exhibit #1: LSPD Arrest Report 10th of July 2023

  

  

  Los Santos Police Department ARREST REPORT "TO PROTECT AND TO SERVE"

  
  

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  MUGSHOT

  • SUSPECT DETAILS
    • 
      Full Name: Wolfgang Bathsheba
      Phone Number: 5721219
      Licenses Suspended: Yes
      Officers Involved:
      • Police Officer I Thomas Hardwell
      • Police Commander Elizabeth Sanchez
      • Police Cadet Hukaz Zidane
      • Police Officer II Aiden Beta
      • Police Sergeant I Joseph Sanchez
      Charges:
      • VF01 - Evading an Officer
      • GM10 - Failure to Comply / Identify
    INCIDENT NARRATIVE
    • Incident Date: 10/JUL/2023
      
      Explain what happened, sufficient detail must be given to justify the placed charges, videos could be provided.
      • I did see him from a distance spinning out from braking from speed. We called tac and followed him. He eventually crashed into a tree which other officers began to box him in. We then chased him. Once caught he surrendered and gave him once I have done that I cuffed him and sent him to DOC.
    EVIDENCE DETAILS
    • Document the possessions confiscated from the arrested suspect.
      Possessions are to be documented individually, examples of documented illegal possessions are "Pistol .50" or "12 grams of Cocaine". Legal possessions that can be categorized may be grouped, eg. "Clothing" to describe all clothing items. Body camera footage/pictures may be attached as an evidence exhibit.
      
      Where possible, the serial number of each firearm seized as evidence should be noted.
      • Illegal Possessions:
        Exhibit A: None
        
        
        Legal Possessions:
        Exhibit A: Campfire
        Exhibit B: GPS
        Exhibit C: Radio
        Exhibit D: Black gloves
        Exhibit E: Bottle
        Exhibit F:
        
        
        Photograph of Possessions (MANDATORY)

        

  
  Exhibit #2: LSPD Officer Thomas Hardwell Witness Statement

  

  

  
  San Andreas Judicial Branch
  Official Witness Statement
  "HERE FOR YOU | SAFE FOR YOU"

  Case Information

  • Incident Date: [10/JUL/2023]

  Witness Information

  • Name: [Thomas Hardwell]
    Date of Birth: [16/APR/2000]
    Phone Number: [309-9511]
    Occupation: [Police officer]

  Witness Statement

  • While patrol I Noticed in the distance Wolfgang Bathsheba spun out near city parking. I went to pull Wolfgang Bathsheba over and see what was the reason as this incident could have harmed someone. I then tried to pull Wolfgang Bathsheba over. wolfgang then stopped by red parking then when I tried to get out but Wolfgang Bathsheba drove away so we had to chase Wolfgang Bathsheba. Wolfgang Bathsheba did crash in SD juro on route 68. Wolfgang Bathsheba then tried to run away but we did have officers that stopped Wolfgang and once cuffed I took wolfgang to DOC were Wolfgang refused to get inside when I instructed wolfgang to. DOC then told me to go and let them handle wolfgang as they are more experienced

  Witness Affirmation

  • I, [Thomas Hardwell], affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))
    
    Signed,
    
    
    [Thomas Hardwell]
    [Mr]
    [Los Santos police department]
    
    Date: [14/AUG/2023]

  
  Exhibit #3: Bodycam Footage of Arrest

  ((RP Proof))

  Bodycam RP:
  10/Jul/23 07:38 PM Scott_Dunbar /me reaches towards the upper cabinet, opening it and lifts down a bodycam, turning it on. 1689010707
  10/Jul/23 07:38 PM Scott_Dunbar /me clips the bodycam onto his vest. 1689010714

  **Click**

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Director of Public Notary
Deputy Attorney General
San Andreas Judicial Branch
(909) 321-2132 — [email protected]

[Hope Kant]

San Andreas Judicial Branch Docket Notice "HERE FOR YOU | SAFE FOR YOU"

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• Honorable Judge Daniels and pertaining parties,
  
  This is to serve as a written notice that the Prosecution no longer requires the rest of their 7 days to file for discovery. We turn the docket and case over to that of the defense. We await any further direction by the Judge.
  
  Respectfully,
  
  
  Deputy Attorney General
  Director of Public Notary
  San Andreas Judicial Branch
  (909) 321-2132 — [email protected]

[Shaun Harper]

San Andreas Judicial Branch Docket Update "EQUAL JUSTICE UNDER LAW"

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• Honorable Judge Daniels and pertaining parties,
  
  The Motion for Discovery from the Defense has been filed under seal in Private Workroom 2. We have no further motions to file in regards to the prosecutions Motion for Discovery.
  
  Respectfully,
  
  
  Chief Public Defender
  Director of Training & Hiring
  San Andreas Judicial Branch
  (909) 308-7889 — [email protected]

[Shaun Harper]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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WITNESS LIST

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#23-CM-0088

A Witness List was filed in the above case on the 11 of September, 2023.

• The Defendant, Wolfgang Bathsheba, by and through the undersigned attorney, filed this Witness List, designating the following list of individuals as witnesses, who may be called to the stand.
  
  Name of Witness:
  Ally Quinn
  Description: (party, fact witness, expert, other)
  Expert Witness
  Witness Agency:
  MD
  
  
  Name of Witness:
  Charles Swift
  Description: (party, fact witness, expert, other)
  Expert Witness
  Witness Agency:
  MD
  
  
  Name of Witness:
  Kopi Raccoon
  Description: (party, fact witness, expert, other)
  Expert Witness
  Witness Agency:
  MD

Respectfully,


Chief Public Defender
Director of Training & Hiring
San Andreas Judicial Branch
(909) 308-7889 — [email protected]

[Shaun Harper]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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MOTION FOR CHANGE OF VENUE

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#23-CM-0088

A Motion for Change of Venue was filed in the above case on the 11 of September, 2023.

The Defendant, Wolfgang Bathsheba, by and through the undersigned attorney, filed this Motion for Change of Venue, and the reasoning for request is as follows;

• Requested Venue: In-Person Trial
  • Detailed Explanation: The Defense is requesting the trial be changed from one on the docket to one in person. We believe that an in-person trial would serve the interests of justice and provide a more comprehensive platform for the presentation of evidence. The nature of this case (if accepted) involves the testimonies of three witnesses. In an in-person trial, the opportunity for direct examination, cross-examination, and the observation of witness demeanor is significantly enhanced. With that said we the Defense believe it's necessary to have an in-person trial.

Respectfully,


Chief Public Defender
Director of Training & Hiring
San Andreas Judicial Branch
(909) 308-7889 — [email protected]

[Colt Daniels]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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COURT DECISION

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#23-CM-0088

A decision was reached in the above case on the 12th day of September, 2023.

The court will be granting the Motion for Change of Venue to allow the three individuals listed in the witness list the opportunity to take the stand. With this motion being granted we will be taking this case to an in-person trial unless an alternative resolution is reached before the selected date that is yet to come.

The court also recognizes the evidence filed under seal in this case by Chief Harper and will be taking it into consideration if this case required me to reach a verdict. As Chief Harper has indicated to the court, the defense has no further motions at this time. I will be allowing the prosecution 48 hours to file any further motions that they may have unless they notify the court before that time is reached that they are ready to continue. Once that is complete, I will be attempted to schedule trial.


Associate Justice
San Andreas Judicial Branch
(909) 402-9713 — [email protected]

[Colt Daniels]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTICE OF SCHEDULING

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#23-CM-0088

An attempt to schedule was made and recorded by the court on the 14th of September, 2023.

All parties in this case are encouraged to complete the following Scheduling Tool in an attempt to schedule a trial on the above case.

In the event all parties have overlapping availability the Presiding Judge will determine the best date and time to have a trial take place and post a Notice of Trial informing all of the upcoming proceeding.

In the event some or all parties do not have overlapping availability, the Presiding Judge will continue to attempt to schedule the proceeding or seek alternative avenues to conclude the case.

If either party has the intentions of calling a witness to the stand during the proceeding they must inform the court by filing a Witness List at the time of filing their availability. If no Witness List is filed before the Notice of Trial is filed you will be unable to call a witness during the proceeding.



Associate Justice
San Andreas Judicial Branch
(909) 402-9713 — [email protected]

[Colt Daniels]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTICE OF TRIAL

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#23-CM-0088

A trial date was set on the above case on the 15th of September, 2023.

In accordance with the availability reported by both parties in response to the Notice of Scheduling, this trial shall take place at 7:00PM on the 17th of September, 2023 at Rockford Hills City Hall, Carcer Way, Metro Los Santos, SA.

Both parties are ordered to be present in the Judges Chambers no later than 15 minutes prior to the above listed date for pretrial arrangements. If complications occur that must result in a delay or cancelation of the trial, you are ordered to inform the court no later than 12 hours prior to the above listed date.



Associate Justice
San Andreas Judicial Branch
(909) 402-9713 — [email protected]

[Colt Daniels]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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ISSUANCE OF VERDICT

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Wolfgang Bathsheba
#23-CM-0088

A decision was reached in the above case on the 17th day of September, 2023.

In the case of #23-CM-0088, State of San Andreas v. Wolfgang Bathsheba, I have carefully considered the evidence presented and the arguments made by both the prosecution and the defense.

The defendant, Wolfgang Bathsheba, has been charged with GM10 - Failure to Comply/Identify, which pertains to the failure to comply with a lawful command by a law enforcement officer, including identifying oneself during the course of an investigation.

The prosecution has presented compelling evidence, including bodycam footage, which clearly demonstrates that Mr. Bathsheba failed to comply with lawful commands issued by law enforcement officers. Specifically, at 5:56 in the bodycam footage, an officer can be heard shouting "stop or you shall be tased," and despite this clear command, Mr. Bathsheba continued to evade the officers on foot, thus failing to comply.

Additionally, the prosecution has argued that Mr. Bathsheba violated GM10 by not removing his mask to allow law enforcement officers to identify him. While the defense attempted to rebut this by citing evidence filed under seal, it has been determined that such evidence does not excuse Mr. Bathsheba's conduct. According to the penal code, individuals are obligated to comply with lawful commands issued by law enforcement officers, including allowing officers to remove their masks for identification purposes, irrespective of any other identifiers they may have on their person.

It is with the above considerations that I issue the following verdict:

• On the count of GM10 - Failure to Comply/Identify, I find the defendant Wolfgang Bathsheba, guilty.

Associate Justice
San Andreas Judicial Branch
(909) 402-9713 — [email protected]